1-1 By: Armbrister S.B. No. 936
1-2 (In the Senate - Filed February 26, 2001; February 27, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 15, 2001, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 15, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to floodplain management and flood insurance; providing a
1-9 criminal penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subdivisions (2) and (3), Section 16.313, Water
1-12 Code, are amended to read as follows:
1-13 (2) "National Flood Insurance Act" means the National
1-14 Flood Insurance Act of 1968, as amended (42 U.S.C. Sections 4001
1-15 through 4127), and the implementation and administration of the Act
1-16 by the director [Secretary] of the Federal Emergency Management
1-17 Agency [United States Department of Housing and Urban Development].
1-18 (3) "Director" ["Secretary"] means the director
1-19 [Secretary] of the Federal Emergency Management Agency [United
1-20 States Department of Housing and Urban Development].
1-21 SECTION 2. Sections 16.314 and 16.315, Water Code, are
1-22 amended to read as follows:
1-23 Sec. 16.314. COOPERATION OF COMMISSION. In recognition of
1-24 the necessity for a coordinated effort at all levels of government,
1-25 the commission shall cooperate with the Federal Emergency
1-26 Management Agency [Insurance Administrator of the United States
1-27 Department of Housing and Urban Development] in the planning and
1-28 carrying out of state participation in the National Flood Insurance
1-29 Program; however, the responsibility for qualifying for the
1-30 National Flood Insurance Program shall belong to any interested
1-31 political subdivision, whether presently in existence or created in
1-32 the future.
1-33 Sec. 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH
1-34 FEDERAL REQUIREMENTS. All political subdivisions are hereby
1-35 authorized to take all necessary and reasonable actions to comply
1-36 with the requirements and criteria of the National Flood Insurance
1-37 Program, including but not limited to:
1-38 (1) making appropriate land use adjustments to
1-39 constrict the development of land which is exposed to flood damage
1-40 and minimize damage caused by flood losses;
1-41 (2) guiding the development of proposed future
1-42 construction, where practicable, away from a location which is
1-43 threatened by flood hazards;
1-44 (3) assisting in minimizing damage caused by floods;
1-45 (4) authorizing and engaging in continuing studies of
1-46 flood hazards in order to facilitate a constant reappraisal of the
1-47 flood insurance program and its effect on land use requirements;
1-48 (5) engaging in floodplain management and adopting and
1-49 enforcing permanent land use and control measures consistent with
1-50 the criteria established under the National Flood Insurance Act;
1-51 (6) declaring property, when such is the case, to be
1-52 in violation of local laws, regulations, or ordinances which are
1-53 intended to discourage or otherwise restrict land development or
1-54 occupancy in flood-prone areas and notifying the director
1-55 [secretary], or whomever the director [he] designates, of such
1-56 property;
1-57 (7) consulting with, giving information to, and
1-58 entering into agreements with the Federal Emergency Management
1-59 Agency [Department of Housing and Urban Development] for the
1-60 purpose of:
1-61 (A) identifying and publishing information with
1-62 respect to all flood areas, including coastal areas; and
1-63 (B) establishing flood-risk zones in all such
1-64 areas and making estimates with respect to the rates of probable
2-1 flood-caused loss for the various flood-risk zones for each of
2-2 these areas;
2-3 (8) cooperating with the director's [secretary's]
2-4 studies and investigations with respect to the adequacy of local
2-5 measures in flood-prone areas as to land management and use, flood
2-6 control, flood zoning, and flood damage prevention;
2-7 (9) taking steps, using regional, watershed, and
2-8 multi-objective approaches, to improve the long-range management
2-9 and use of flood-prone areas;
2-10 (10) purchasing, leasing, and receiving property from
2-11 the director [secretary] when such property is owned by the federal
2-12 government and lies within the boundaries of the political
2-13 subdivision pursuant to agreements with the Federal Emergency
2-14 Management Agency [Department of Housing and Urban Development] or
2-15 other appropriate legal representative of the United States
2-16 Government;
2-17 (11) requesting aid pursuant to the entire
2-18 authorization from the commission;
2-19 (12) satisfying criteria adopted and promulgated by
2-20 the commission pursuant to the National Flood Insurance Program;
2-21 [and]
2-22 (13) adopting permanent land use and control measures
2-23 with enforcement provisions which are consistent with the criteria
2-24 for land management and use adopted by the director;
2-25 (14) adopting more comprehensive floodplain management
2-26 rules that the political subdivision determines are necessary for
2-27 planning and appropriate to protect public health and safety;
2-28 (15) participating in floodplain management and
2-29 mitigation initiatives such as the National Flood Insurance
2-30 Program's Community Rating System, Project Impact, or other
2-31 initiatives developed by federal, state, or local government; and
2-32 (16) collecting reasonable fees to cover the cost of
2-33 administering a local floodplain management program [secretary].
2-34 SECTION 3. Subsection (b), Section 16.316, Water Code, is
2-35 amended to read as follows:
2-36 (b) Pursuant to the National Flood Insurance Program and
2-37 state and local efforts complementing the program, the commission
2-38 shall aid, advise, and cooperate with political subdivisions, the
2-39 Texas Department [State Board] of Insurance, and the Federal
2-40 Emergency Management Agency [United States Department of Housing
2-41 and Urban Development] when aid, advice, and cooperation are
2-42 requested or deemed advisable by the commission [board].
2-43 SECTION 4. Sections 16.317, 16.318, 16.319, 16.320, and
2-44 16.321, Water Code, are amended to read as follows:
2-45 Sec. 16.317. COOPERATION OF TEXAS DEPARTMENT [STATE BOARD]
2-46 OF INSURANCE. Pursuant to the National Flood Insurance Program,
2-47 the Texas Department [State Board] of Insurance shall aid, advise,
2-48 and cooperate with political subdivisions, the commission, and the
2-49 Federal Emergency Management Agency [United States Department of
2-50 Housing and Urban Development] when such aid, advice, and
2-51 cooperation are requested or deemed advisable by the Texas
2-52 Department [State Board] of Insurance.
2-53 Sec. 16.318. RULES. Political subdivisions which qualify
2-54 for the National Flood Insurance Program, the Texas Department
2-55 [State Board] of Insurance, and the commission may adopt and
2-56 promulgate reasonable rules which are necessary for the orderly
2-57 effectuation of the respective authorizations herein.
2-58 Sec. 16.319. QUALIFICATION. Political subdivisions wishing
2-59 to qualify under the National Flood Insurance Program shall have
2-60 the authority to do so by complying with the directions of the
2-61 Federal Emergency Management Agency [Department of Housing and
2-62 Urban Development] and by:
2-63 (1) evidencing to the director [secretary] a positive
2-64 interest in securing flood insurance coverage under the National
2-65 Flood Insurance Program; and
2-66 (2) giving to the director [secretary] satisfactory
2-67 assurance that measures will have been adopted for the political
2-68 subdivision which measures will be consistent with the
2-69 comprehensive criteria for land management and use developed by the
3-1 Federal Emergency Management Agency [Department of Housing and
3-2 Urban Development, and that the application and enforcement of such
3-3 measures will commence as soon as technical information on
3-4 floodways and on controlling elevations is available].
3-5 Sec. 16.320. COASTAL EROSION. The Commissioner of the
3-6 General Land Office is authorized to perform all acts necessary to
3-7 develop and implement a program for certification of structures
3-8 subject to imminent collapse due to erosion under the National
3-9 Flood Insurance Act [of 1968 (42 U.S.C. Section 4001 et seq.)].
3-10 This program shall include administrative rules adequate to meet
3-11 all erosion-related requirements of the National Flood Insurance
3-12 Act [of 1968 (42 U.S.C. Section 4001 et seq.)], including the
3-13 establishment of required erosion zones in order for the state to
3-14 receive approval to administer the program. This section shall
3-15 apply to any amendment of or law replacing Section 4013(c) of the
3-16 National Flood Insurance Act [of 1968 (42 U.S.C. Section 4001 et
3-17 seq.)]. Except as otherwise provided by this section, all actions
3-18 taken by political subdivisions under Section 16.315 of this code
3-19 with respect to structures in imminent danger of collapse from
3-20 coastal erosion must comply with rules and regulations adopted by
3-21 the commissioner under this section. A political subdivision may
3-22 adopt rules that are more stringent than those adopted by the
3-23 commissioner under this section, provided the stricter provisions
3-24 are intended to ensure compliance with the National Flood Insurance
3-25 Program's [Programs'] rules, regulations, and policies.
3-26 Sec. 16.321. COASTAL FLOODING. The Commissioner of the
3-27 General Land Office shall adopt and enforce reasonable rules and
3-28 regulations necessary for protection from flooding on barrier
3-29 islands, peninsulas, and mainland areas fronting on the Gulf of
3-30 Mexico. Rules and regulations adopted pursuant to this section
3-31 shall be limited to those matters that political subdivisions are
3-32 authorized to address under Section 16.315 of this code [and may
3-33 not impose requirements stricter than those established by the
3-34 federal agency administering the National Flood Insurance Act of
3-35 1968 (42 U.S.C. Section 4001 et seq.)]. Except as otherwise
3-36 provided by this section, all actions taken by political
3-37 subdivisions under Section 16.315 of this code with respect to
3-38 flooding on barrier islands, peninsulas, and mainland areas
3-39 fronting on the Gulf of Mexico must comply with rules and
3-40 regulations adopted by the commissioner under this section. A
3-41 political subdivision may adopt rules that are more stringent than
3-42 those adopted by the commissioner under this section, provided the
3-43 stricter provisions are intended to ensure compliance with the
3-44 National Flood Insurance Program's [Programs'] rules, regulations,
3-45 and policies.
3-46 SECTION 5. Subchapter I, Chapter 16, Water Code, is amended
3-47 by adding Section 16.3221 to read as follows:
3-48 Sec. 16.3221. CRIMINAL PENALTY. (a) A person commits an
3-49 offense if the person violates this subchapter.
3-50 (b) An offense under this section is a Class C misdemeanor.
3-51 (c) Each violation of this subchapter and each day of a
3-52 continuing violation is a separate offense.
3-53 SECTION 6. Section 16.323, Water Code, is amended to read as
3-54 follows:
3-55 Sec. 16.323. ENFORCEMENT BY POLITICAL SUBDIVISION [COUNTY].
3-56 (a) If it appears that a person has violated, is violating, or is
3-57 threatening to violate this subchapter or a rule adopted or order
3-58 issued under this subchapter, a political subdivision [county] may
3-59 institute a civil suit in the appropriate [a district] court for:
3-60 (1) injunctive relief to restrain the person from
3-61 continuing the violation or threat of violation, including an order
3-62 directing the person to remove illegal improvements and restore
3-63 preexisting conditions;
3-64 (2) the assessment and recovery of the civil penalty
3-65 provided by Section 16.322; or
3-66 (3) both the injunctive relief and the civil penalty.
3-67 (b) On application for injunctive relief and a finding that
3-68 a person has violated, is violating, or is threatening to violate
3-69 this subchapter or a rule adopted or order issued under this
4-1 subchapter, the [district] court shall grant the injunctive relief
4-2 that the facts warrant.
4-3 [(c) This section applies only to a county that:]
4-4 [(1) contains two or more municipalities each of which
4-5 has a population of 250,000 or more;]
4-6 [(2) has a population of 2.8 million or more; or]
4-7 [(3) has a population of 270,000 or more and is
4-8 adjacent to two or more counties each of which has a population of
4-9 one million or more.]
4-10 SECTION 7. This Act takes effect September 1, 2001.
4-11 * * * * *